Back log in appeals causes judges to refuse appeal

The simple fact of the matter is if tribunal judges are discussing appellants' cases with Atos, which I hasten to add that I very much doubt that this is happening, this is unlawful and would leave the Tribunal's Service subject to legal action, as it flies in the face of Article 6(1) of The Human Rights Act.

I think the OP has misunderstood the position as Derek has said, and is in fact likely to be confusing a tribunal judge with the DWP.

I can only reiterate that in my opinion the situation as described involving the Tribunals Service and Atos, is a non-event.

Hi CD,

I agree with you. As well as breaching Article 6, Right to a fair trial (hearing),
they would also be breaching protocol as described in the Benchbook, a copy of which is in the members area.

Have a restful weekend.

Jim

Hi Jim,

I hope both you and Pat have a good weekend.

It is snowing and very cold here at the moment, so I think it's a case of battening down the hatches for the next couple of days!

Regards,

CD

Hi CD,

We had about an inch of snow during the night, but it's been sunny all day, so more or less melted away.

We have a forecast of -5C for tonight, but as the week progresses, the forecast is for around 2C and bright and sunny, but still feeling cold.

Next week the forecast is much the same, but winds are going to be around 20 mph, so the chill factor will make it feel much colder.

I doubt if we'll be venturing far, as cold is a major factor in triggering my asthma.

I see Wagner of X Factor 'fame' <sic> is being investigated by the DWP as he's on IB for a frozen shoulder !!!

Have a great weekend

Jim & Pat

The advisers on Rightsnet were talking about being served notices. Would those notices have been from the DWP then? I got the impression from the discussion that they were from the tribunal judge.

After looking at the thread, it's clear that Judges' discussions with ATOS is purely hearsay, but four individual welfare advisers have reported that first-tier tribunal judges are threatening to strike-out an appeal on the 'no prospect of success' rule and directing the appellant to comment.

This is quite worrying if it is true. If an appellant put two descriptors in issue, arguing that he should have scored 12 points; a tribunal judge may have grounds to strike-out the appeal on the basis that if the appellant was awarded both descriptors he still wouldn't satisfy the WCA.

However, a clued-up advisor is not likely to argue that a client should score 12 points, and if an appellant is unrepresented and does not make a case for specific descriptors in an appeal letter, I believe a tribunal would have an obligation to consider all the descriptors. I don't think it would stand up at the Upper Tribunal. Following a hearing, a tribunal's statement of reasons must contain adequate reasons of how they reached their decision from the evidence in front of them. If an appeal is struck-out, I would expect the decision notice to give reasons for the decision on a point of law, such that, no additional evidence would make a difference. This would not be possible for the WCA. They can't simply predict whether the appeal will succeed.

If this is happening, it's probably a desperate attempt to reduce the number of hearings.